• 31 July 2018

If you decide to immigrate to the U.S. on the EB-1 or EB-2 visa, it’s crucial to have a detailed plan for the entire immigration process in order to avoid unforeseen difficulties. The immigration process takes a lot of time, money, and effort. What is more, the judicial process is complex. Every missing detail could result in delays, additional expenses, and reduce the opportunity to live at the U.S. at all.

Immigration stages for persons of this category are similar, differing only by processing periods, document packages, and individual details for each case.

An immigration visa can be applied for from the States when living on a temporary basis or on a work permit.

1. Preparing your case

The initial stage in the process of immigration is gathering and preparing documents required for the application package.

The application package contains essential evidence of candidate’s conformability to the standard government requirements. (The requirements are listed in a separate section.) If the evidence gathered is not adequate, it may require additional time and effort to get them.

For example, you may need to provide documentation for your participation at international conferences, publication of your research, or networking with major experts in your field of expertise. The length of this time to gather necessary documentation depends on each given candidate and their level of qualification. Regardless, it is best to gather all this information in advance of filing a petition.

2. Filing the petition

Usually, the American employer files the petition for an employment-based visa on behalf of a candidate. The I-140 form is filed along with the package of the documents verifying the candidate’s eligibility, They are submitted along with a pledge for foreign employee recruitment.

An employer must receive the approval from the Department of Labor initiating the application. The employer must justify the recruitment of a foreign employee based upon the lack of candidates in the U.S. with the essential qualifications for the position to be filled.

Approval may take from eight months to two years. The process is detailed, time-consuming, and costly for the employer. It is important for your evidence to satisfactorily convince immigration officials that your services and skills are, indeed, necessary, unique, and unattainable from the American workforce.

This process is the same for EB-1 and EB-2 Visas, except that an applicant may personally apply for the EB-1A visa.

The EB-1C visa also has some specific points while petitioning, information on this type of visa can be found here or via consultation with an attorney.

3. Waiting for the USCIS decision

Waiting for the USCIS decision may take a long time, depending on the waiting list for the category and their workload. On average, the approval process takes about eight to nine months. The waiting list is different for the countries. For the EB-1A category, however, if irrefutable evidence is provided, processing may take as few as 15 working days.

4. The decision and interview invitation

Provided the USCIS decision is positive, if the applicant resides abroad, they are invited for the interview. If the evidence package is considered to be inadequate, a letter of Request for Further Evidence (RFE) will be issued. In that situation, the applicant must gather and submit further evidence to the USCIS, thereby unnecessarily delaying the process. (Refer to Point #1 – Preparing your case.)

5. Receiving the visa

Your visa may be obtained from abroad or in the U.S., depending on the location of a petitioner during the application process and whether he had another basis to reside in a U.S. territory.

For instance, if a person previously had a work permit and resided in the country on a temporary employment-based visa, the EB-1 and EB-2 visa can be obtained in the United States. In other cases, individuals must communicate with the U.S. Consulate in their home country.

6. Entering the United States

If an applicant was outside the U.S. when the visa was granted, he will now be allowed to cross the border. There may be certain timeframes within which the applicant is allowed to enter the country in some cases. If those timeframes are not observed, the visa may be canceled.

7. Request for a Green Card

EB-1 and EB-2 Visas allow the recipient to request a Green Card right after entering the country or after receiving them whilst already on the U.S. territory except for citizens of India and China who have a settled pending period.

Applicants for other employment-based visas are placed in a queue for application processing.

If an applicant is currently living on U.S. territory, they can save time by filing the petition for permanent residency status along with their petition for an EB-1 or EB-2 Visa. Once the process is complete, you will receive your visa by post.

The American Corporate Services attorneys have a wealth of experience with the immigration process. The company's clients range from students to the world's leading experts in their fields. A skillful attorney will provide you with complete information on your immigration options, help you to make wise decisions, and support you during every stage on the way to achieving your dream of living and working in America.